Social media is a huge part of many people’s lives. But when you’ve been injured at work, your usual social media habits can actually harm your case. Insurers will do everything they can to deny or minimize your claim, including going through your social media platforms to find posts or pictures that make you appear less seriously injured than you really are.
Workers’ comp and social media are a bad combination. Think twice before you post anything while your workers’ comp case is open. When in doubt, a North Carolina workers’ compensation attorney from Younce, Vtipil, Baznik & Banks can help you understand the potential impact your social media activity can have on your case.
Are Workers’ Comp Insurers Monitoring Your Social Media?
There’s a good chance your employer’s workers’ comp insurer will be monitoring your social media at any time during the claims process. Insurance companies are in the business of making money and keeping it. The best way to keep money in their bottom line is to minimize any payouts they must make. For that reason, insurers search for images, statements, and information they can use to show that the injured worker isn’t as hurt as they say or that the injuries didn’t occur at work.
How Social Media Can Impact Your Workers’ Comp Claim
Your social media posts – and even posts and comments from your friends and family – can dramatically affect your workers’ comp case. Even if you have made your settings private or deleted some posts, a skilled investigator can still dig them up. The workers’ compensation insurer may hire a private investigator to find posts and pictures from all your social media accounts and those of anyone connected to you. They can also use the legal discovery process to gain access to your accounts.
Here are some of the ways your social media posts can harm your workers’ comp case:
- Posts that contradict your injury claims – Whenever you post anything about work or about your injury, those words can come back to haunt you. Even a statement as simple as “I’m feeling so much better” may be used as “proof” for the insurer to reduce or terminate your workers’ comp benefits. Anything you say, even in jest, can be taken out of context and used against you. A comment that you think is completely innocent can be weaponized to hurt your case.
- Photos or videos showing you’re physically active – The insurer can use pictures of you at events or videos showing you performing physical activity as ammunition against you. Images taken before your injury may also be used as proof that you’re healthy if those images weren’t date-stamped. Insurers could even try to use pictures that show you in the audience at a sporting event, smiling and having fun, to show that you’re not as injured as you claim.
- Check-ins or location tags – If you usually use check-ins or location tags throughout your day or on weekends, you should stop while you have an active workers’ compensation claim. Posting about trips or outings can give the insurer the impression that your injury is not bad enough to keep you from working.
- Comments from friends and family – Your own posts are not the only ones to worry about. While your claim is pending, ask your friends and family not to post about you or tag you in their posts. Anything they say, even in jest, can be taken out of context and used against you.
- Inconsistent statements – Another issue with social media posts is that you, your friends, and your family may all have different ideas about how your accident happened. If everyone posts their own version of how you were injured or the current state of your health, the insurer can use those inconsistencies to refute the cause of your accident and the severity of your injuries.
- Criticism of your employer – Criticisms of your employer, even if true, have sometimes been used to falsely argue that the injured worker is faking or exaggerating their injury to get back at their employer.
- Comments on your case – Sometimes comments such as, “We’re going to settle my case next week at the mediation” have been interpreted by insurance companies as overeagerness to settle the case, thus prompting them to give you a low ball offer.
How to Protect Your Workers’ Comp Case on Social Media
The best way to protect your claim is to stay off social media altogether while your case is active. Still, there are a few precautions you can take:
- At the very least, don’t post any pictures of yourself or anything about your injury, your activities, or your case.
- Although you cannot completely limit access to your accounts, set them to private. Only accept follower requests from people you personally know.
- Set your account to review and approve content before it appears on your social media profile. Limit the people who can tag you in posts.
- Tell your friends and family that anything they post about you when your workers’ compensation case is open can actually be used to hurt your claim, even if the post was intended to be positive. Ask them not to tag you or discuss your health or your work accident in any way.
If you absolutely must post on social media, ask your lawyer to ensure it won’t negatively affect your case. An experienced workers’ comp lawyer can advise you on when your posts can damage your claim.
Get Help from Our Raleigh Workers’ Compensation Lawyers Today
An experienced workers’ compensation lawyer from Younce, Vtipil, Baznik & Banks can help you understand how your social media presence can harm your claim. But that’s not all we can do.
When you work with us, we can:
- Give you a free initial consultation where we can discuss your case
- Investigate the accident
- Gather evidence to support your claim
- Handle all communication with the insurer
- Fight for the benefits you’re entitled to
- Help protect your case from the insurer’s tactics
Our Raleigh workers’ comp lawyers have over 100 years of combined experience representing injured workers. We’ve secured millions of dollars in benefits and compensation for our clients in the last century, including a $2.625 million settlement for a worker injured in a construction accident.* Feel free to review the testimonials our many satisfied clients have written, such as this one:
“Very professional. They articulate things in a way you’ll understand, and show empathy and compassion for your situation.” – Russell
At our firm, you’ll get hands-on care and personal attention. We have staff members who are fluent in English and Spanish, and we’ll do everything we can to take care of you.
We’d be honored to put our skills to work for you. Call our office today at 919-661-9000 for a free consultation.
*Each case is unique, and past results do not guarantee future outcomes.
About the Author
Joseph R. Baznik
Joseph Baznik is an attorney at Younce, Vtipil, Baznik & Banks P.A. who specializes in workers' compensation and personal injury. Joseph speaks both English and Spanish fluently. He is licensed to practice law in the State of North Carolina and the U.S. District Court for the Western District of North Carolina.
